Medical Malpractice

With ever-changing laws at both the state and federal level, Medical Malpractice is a wide-ranging area of law, and understanding your rights as a patient can be complicated. If you or someone you love has been harmed by a medical provider, we can help ease the confusion, walk you through statutes of limitations, and provide you with expert opinions—both during case preparation and at trial.

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New Mexico has specific legislation, the New Mexico Medical Malpractice Act, NMSA 1978, Section 41-5-1 et seq., that affects certain medical malpractice claims. If the physician involved is covered under the Medical Malpractice Act, a patient must first submit a potential medical malpractice claim to the New Mexico Medical Review Commission.

A patient must be represented by an attorney to file a medical malpractice claim in front of the New Mexico Medical Review Commission. After an informal hearing in front of the Medical Review Commission, the Commission rules on the patient’s claim, and then the patient is free to file a lawsuit.

The Medical Malpractice Act also has a limitation on damages ($600,000 plus past and future medical and related expenses). Many of New Mexico’s healthcare providers, as well as hospitals, have chosen to remain outside of the Act, which means that the cap on damages does not apply and the Medical Review Commission process also is not required. There are many common areas of Medical Malpractice, including:

  • Birth injuries
  • Surgical mistakes
  • Anesthesia injuries
  • Complications from laparoscopic surgery
  • Orthopedic surgery complications
  • Injuries from medical devices
  • Mismanagement of pregnancy, labor and delivery
  • Failure to timely diagnose serious medical conditions
  • Failure to timely diagnose post-operative complications
  • Failure to diagnose cancer
  • Failure to properly treat cancer
  • Medication errors
  • Emergency room mistakes
  • Misdiagnosis of cancer or infection